The Supreme Court has dismissed an attempt to overturn Northern Ireland’s abortion laws, ruling that the Northern Ireland Human Rights Commission (NICHR) does not have the standing to challenge the existing law.
Unlike other parts of the UK, the 1967 Abortion Act does not extend to Northern Ireland. Currently, a termination is only permitted in Northern Ireland if a woman's life is at risk or if there is a risk of permanent and serious damage to her mental or physical health.
The NICHR had argued that the current law subjects women to “inhuman and degrading” treatment, causing “physical and mental torture”, in violation of the European Convention on Human Rights (ECHR).
After the Republic of Ireland voted in a referendum on 25 May to liberalise its own laws, pressure has grown in the United Kingdom to bring Northern Ireland’s legislation in line with that in the rest of the UK.
An emergency debate on Northern Ireland’s abortion laws was granted by the Speaker of the House of Commons in Westminster. The debate did not carry a binding vote, but MPs including Karen Bradley, the Northern Ireland Secretary, made clear their own personal support for reform.
They were countered by MPs of Northern Ireland’s Democratic Unionist Party, one of whom described aborted babies as people who had been “discarded and put in a bin”.
The Government insisted that the issue should be addressed in Northern Ireland, although the Stormont assembly has not been operative since January 2017. However, Penny Mordaunt, Minister for Women and Equalities, broke ranks and issued a clear threat to impose reform on in Northern Ireland from Westminster.
“Thank you to all MPs who took part in todays debate,” she tweeted on Tuesday. “With authority comes responsibility. Message from NI Secretary of State today: NI should take that responsibility. Message from the House of Commons: if you don't, we will.#trustwomen.”
The NIHRC lost on the issue of whether they had the required standing to bring the case. By a narrow majority of four to three, justices at the UK’s highest court said it had no jurisdiction to consider the latest legal challenge because there was no actual or potential victim of an unlawful act involved in the case. A majority of judges went on to add that Northern Ireland’s abortion law was incompatible with the right to respect for private and family life as guaranteed by the European convention on human rights.
Four of the seven – Lady Hale, Lord Mance, Lord Kerr and Lord Wilson – said it was incompatible in prohibiting abortion in cases of rape and incest and fatal foetal abnormality. A fifth, Lady Black, agreed with them that it was incompatible in cases of fatal foetal abnormality.
Delivering the judgment, Lord Mance said: “The Supreme Court has no jurisdiction in these proceedings to give relief in respect of the challenge to Northern Ireland abortion law.
“The challenge to the compatibility of Northern Ireland law with the [European] convention rights has however been fully argued and evidence has been put before the court about a number of specific cases. It would, in the circumstances, be unrealistic and unhelpful to refuse to express the conclusions at which I would have arrived had I concluded that the [Northern Ireland Human Rights] commission had competence to pursue the challenge.
“I would have concluded, without real hesitation at the end of the day, that the current Northern Ireland law is incompatible with article 8 of the [European human rights] convention insofar as it prohibits abortion in cases of fatal foetal abnormality, rape and incest but not insofar as it prohibits abortion in cases of serious foetal abnormality.” Three other judges agreed with him on that point, he added.
Responding to the Supreme Court ruling, Life NI Spokesperson Marion Woods said: “We welcome the ruling that found against the NIHRC and we would like to note the significant amount of taxpayers’ money that has been wasted by the NIHRC in taking a case that they had no standing to take. How much better could this money have been used over numerous years to help and enable women and families facing the devastating news that their unborn baby has been diagnosed with a life-limiting condition or a woman facing the trauma of sexual crime and resulting pregnancy?”
She added: “We refute the terminology “fatal foetal abnormality” as we have had many conversations with parents who have found themselves receiving the devastating news that their baby has a terminal illness, prior to birth. These parents find the phrase ‘FFA’ incredibly hurtful. No child should be called a fatal foetal abnormality. No child should be referred to as a pregnancy. The unborn child may have a life-limiting condition which is diagnosed during pregnancy. As a pregnancy care charity we believe language is vital and must be used with due consideration.”
Ms Woods also pointed out that “these devastating cases account for 2 per cent of all abortions which currently take place in Great Britain. They are unfortunately being used by organisations seeking to liberalise abortion access on a much wider scale, not only in NI but across Great Britain.”
Dawn McAvoy, co-founder of Both Lives Matter commented: “We welcome this ruling. It is not a moment to celebrate, but rather to pause and be thankful for the lives this judgment will save. The Supreme Court has dismissed the case brought by the Human Rights Commission. In doing so, it has made clear that there is no human right to abortion.
“This is a complex case and there are a number of parts to the decision which have split the court. The Supreme Court has, by a majority decision, accepted the Attorney General’s argument that the Northern Ireland Human Rights Commission does not have standing to bring this case. In simple terms, the Commission have lost. However, the court has indicated how they would have decided the case if the Commission had standing. There were split decisions in relation to the issues of fatal foetal abnormality and rape and incest cases. While we note the views of the court on these matters and are concerned by them, it is important to state that they are non-binding.”
Ms McAvoy continued: “Both lives matter under the current law in Northern Ireland. Because we chose not to bring in the 1967 Abortion Act, there are over 100,000 people alive in Northern Ireland today - mothers, sisters, dads and brothers, friends, nephews and cousins. Now is the moment for the conversation to change from abortion to better support for women in these very difficult situations. We will continue to advocate for the life and dignity of both lives, women and children, which is the mark of a compassionate and just society.”
Commenting on the Irish Republic referendum result and the response in Westminster, she said: “Following the Irish referendum and recent events at Westminster, it is important be clear on the implications of the court ruling. There is no legal requirement for a law change in Northern Ireland. The court did not find a human right to end a human life. The issue of decriminalisation, which some at Westminster have been pushing for, is entirely separate and there is nothing in the ruling to support it.
“Abortion is a sensitive subject. The 2 per cent of hard cases are often used to change the law relating to the other 98 per cent of abortions carried out on healthy unborn children. We remind politicians that abortion is a devolved matter. On 10 February 2016, the Northern Ireland Assembly voted against legalising abortion in cases of life-limiting conditions (sometimes called fatal foetal abnormality) or cases of rape, incest or indecent assault. The Assembly has spoken and the decision of the Court today does not change that.”
Loading ...
